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Reimagining Asset Disposition in Chapter 7 Bankruptcies

By on May 31, 2021

first_img About Author: Ed Delgado The Best Markets For Residential Property Investors 2 days ago  Print This Post The Week Ahead: Nearing the Forbearance Exit 2 days ago Ed Delgado is President and CEO of the Five Star Institute, a leading mortgage banking association providing education and strategic services to the U.S. residential mortgage market. During his 25-year career, Delgado has held executive positions at Wells Fargo and Freddie Mac. While at Wells Fargo, Delgado played an integral role as a key representative to the U.S. Department of the Treasury, supporting the Bush and Obama administrations’ efforts to develop mortgage solutions designed to prevent residential foreclosures in the U.S. Delgado was elected Chairman of the Office of the Comptroller of Currency Advisory Council, an independent working group, and is a current Board Member at Operation Homefront, a national 501(c)(3) nonprofit whose mission is to provide valued programs and aid to U.S. military veterans. Demand Propels Home Prices Upward 2 days ago Subscribe Home / Commentary / Reimagining Asset Disposition in Chapter 7 Bankruptcies Demand Propels Home Prices Upward 2 days ago It is perhaps the most stressful moment that a borrower can experience: the realization that they are no longer able to pay their outstanding debts and must file for bankruptcy protection. Since 2013, more than 4 million non-business bankruptcies have been filed in the United States. The circumstances of approximately, two-thirds of those cases required that the estate be administered by the trustee under the rules governed by Chapter 7 of the United States Bankruptcy Code, which calls for (among other things) liquidation of the person’s non-exempt assets. Under the rules, once the Debtor (in other contexts referred to as the borrower) files for bankruptcy all collection activities (including foreclosure of mortgaged properties) must cease. The ProblemUnsurprisingly, approximately 25 percent of Chapter 7 bankruptcy estates include mortgaged real estate assets that are severely delinquent (more than 120 days) on their home mortgage payments at the time of filing. Despite their delinquency, many times the disposition of these properties does not take place within the administration of the bankruptcy estate because the property qualifies for the homestead exemption under the rules and the debtor/borrower has a desire to attempt to stay in the home. A borrower that makes a qualified claim of the homestead exemption removes the mortgage form the bankruptcy estate, leaving the property exposed to the continued risk of foreclosure. Unfortunately, despite the borrower’s best intentions, their income level is often insufficient to sustain the required mortgage payments on the home and the result is simply a delay of the inevitable. Further, if a foreclosure has been initiated prior to the filing of the bankruptcy, many mortgagees are able to successfully petition the bankruptcy court to remove the property from the estate. One of the primary motivations in removing the mortgage is the reality that the disposition of the property within the confines of the bankruptcy requires the trustee to bring value to the estate and by requiring secured creditors to pay funds to the estate at closing of the sale. The assumption is that this process can be seen as a cumbersome task and/or more expensive as compared to proceeding with foreclosure. However, that is not the case.In either situation the result is simply that the inevitable is delayed and the home is foreclosed upon, eventually continuing through conventional REO disposition channels. The delay of bankruptcy costs money and may have a detrimental effect on the value of the property, exposing the borrower to the potential for a deficiency judgment post-foreclosure and/or a scarred credit history. There is a better way.The SolutionThe current system needs a new option in which mortgagees work hand-in-hand with bankruptcy trustees to find a solution in furtherance of their common interests, allowing them to agree on the disposition of properties while still within the confines of the bankruptcy estate. A potential solution for avoiding the delays could be a disposition strategy similar to FHA insured properties that closely aligns with HUD’s revamped and successful Claims Without Conveyance Title (CWCOT) program.Although in existence since 1987, the CWCOT program has experienced increased emphasis in recent years because it allows servicers to avoid the time-consuming and expensive process of conveying the property to HUD. Under the program, an “As-is” Federal Housing Administration (FHA) appraisal is utilized to determine the Commissioner’s Adjusted Fair Market Value (CAFMV) for the property. The mortgage servicer must then bid at least as much as the CAFMV during the foreclosure auction, accepting a trade-off which requires them to make financial concessions on the sale of the property in exchange for lowers costs and preserved property value that results from an expedited sale when compared with REO dispositions. Currently, trustees may dispose of properties in bankruptcy in a manner that is very similar to the CWCOT process. Under the new system, the disposition of the property would take place via auction (online or otherwise) or a direct sale with a broker, where a reserve price is set at the CAFMV as determined via an appraisal of the property in accordance with HUD policy. An agreed upon criteria such as the CAFMV would allow mortgagees and trustees to better define the parameters of a “pre-approved” deal which can be utilized in any property disposition, leading to fewer objections from the Mortgagee and decreasing the likelihood that a foreclosure will occur. Properties that are able to be sold through this option would have their disposition status resolved eight to ten months sooner than they would be entering into a conventional foreclosure.Currently, HUD has about a 13 percent market share of originations in the U.S. which means the potential exposure to loans in bankruptcy could be as high as 26,000 loans per year. The cost savings achieved by bringing bankruptcy properties under a CWCOT-like program would not only benefit the mortgagee and borrower, but also HUD and the Mutual Mortgage Insurance Fund (MMI Fund). According to recent data taken from the FHA Single Family Loan Performance Trends Credit Risk Report, as of July 2018, HUD was losing $55,083 on each home sold through REO. In contrast, the report’s data highlighted that in 2018 CWCOT proved to be much more cost-effective than REO, saving FHA approximately $4,800 per disposition that otherwise would have been processed through REO. FHA has also acknowledged that the disposition of property through CWCOT places HUD in a more favorable position. Applying the savings projections to the quarter of chapter 7 bankruptcy estates with average savings applied could potentially save the MMI Fund hundreds of millions of dollars per year, strengthening the financial positioning of the fund and allowing borrowers to share in the savings.Making this option available to trustees and borrowers would go a long way toward alleviating the current shortcomings of a property disposition process in Chapter 7 Bankruptcies.  From a servicer’s perspective, every property sold through the proposed system would reduce the complexity of asset management, compliance risk, and liability. For trustees, agreeing to this option would mean that they would be fulfilling their fiduciary duty to bring value to the estate they manage. In the end, it’s the borrower who wins, allowing them to proceed more quickly through the process of rebuilding their financial health. Previous: Five Minutes With: Lola Oyewole, Ocwen Financial Corporation Next: Reforming Housing Finance in the Absence of Legislation Data Provider Black Knight to Acquire Top of Mind 2 days ago Bankruptcy Borrowers Chapter 7 cwcot FHA Foreclosures Home HUD Lenders Property real estate REO 2019-01-09 Ed Delgado Tagged with: Bankruptcy Borrowers Chapter 7 cwcot FHA Foreclosures Home HUD Lenders Property real estate REOcenter_img Servicers Navigate the Post-Pandemic World 2 days ago Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago Share 1Save Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily The Best Markets For Residential Property Investors 2 days ago January 9, 2019 5,944 Views Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Commentary, Daily Dose, Featured, Foreclosure, News Reimagining Asset Disposition in Chapter 7 Bankruptcieslast_img read more

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Two new football coaches join Fighting Irish staff

By on April 20, 2021

first_img Pinterest WhatsApp Google+ Google+ By Tommie Lee – March 3, 2020 1 380 Facebook Twitter WhatsApp Notre Dame players celebrate after an NCAA football game against Michigan in South Bend, Ind., Saturday, Sept. 1, 2018. Notre Dame won 24-17. (AP Photo/Paul Sancya) Notre Dame is announcing more additions to the Fighting Irish Football coaching staff.Head Coach Brian Kelly has added John McNulty and Mike Mickens to the coaching staff.Coach McNulty brings 30 seasons of experience to the Tight Ends, and Mickens, who played for Kelly at Cincinnati, will coach the defensive backs. Facebook Two new football coaches join Fighting Irish staff IndianaLocalNewsSouth Bend MarketSports Pinterest Twitter Previous articleDemolition of south side Shake ‘n Shake underwayNext articleWinamac woman dies in Fulton County crash Tommie Leelast_img read more

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European aviation agency clears Boeing 737 Max to fly again

By on February 8, 2021

first_imgBERLIN (AP) — Europe’s aviation safety agency says a modified version of the Boeing 737 Max, incorporating multiple safety upgrades, has been approved to resume flights in Europe, following nearly two years of reviews after the aircraft was involved in two deadly crashes that saw the planes grounded worldwide. Changes mandated by the European Union Aviation Safety Agency, or EASA, include a package of software upgrades, a reworking of the electrical system, maintenance checks, operations manual updates and new crew training. “We have reached a significant milestone on a long road,” EASA executive director Patrick Ky said Wednesday.last_img read more

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Uganda to camp in Niger ahead of AFCON qualifier against Ghana

By on August 28, 2020

first_imgUganda will camp in Niger ahead of their opening 2015 Africa Cup of Nations qualifier against Ghana on September 5.The Cranes will begin camping this weekend ahead of the tough duel against the Black Stars at the Baba Yara Stadium in Kumasi.Coach Milutin Sredojevic wants to ensure his team gets adequate preparations before facing the might of the four-time African champions.The team will be in Niamey for four days before arriving in the Ghanaian capital a day before lining up against the Black Stars.Spokesperson for the Ugandan FA Fred Malibu says the team is confident of causing a major upset against Ghana.“We know we are the underdogs but we believe we can beat Ghana.”  “We will camp in Niger from this weekend and arrive in Accra on Thursday ready for the match.“We believe they [Ghana] are a good team, we respect them but we don’t fear them.”Uganda held Ghana to a 1-1 draw the last time they battled the Black Stars back in 2005 during the qualifiers for the 2006 World Cup.last_img read more

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Cubs close out in style

By on December 21, 2019

first_imgAs the final score would suggest, the South Fork girls got plenty of offense on their way to the school’s first-ever North Coast Section championship in softball on Tuesday evening.The Cubs traveled to Geyserville and knocked off the home team 22-5 for the Division-VI crown, putting together what could have been their most impressive performance of the year.“They played really well as a team,” South Fork head coach Lisa Todd said after the win.The Cubs got multiple hits from multiple …last_img read more

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Building an Energy-Efficient Home on a Budget

By on December 16, 2019

first_imgDouble-Stud Walls Is Double Stud-Wall Construction the Path to Efficiency on a Budget?Choosing a High-Performance Wall AssemblyChoosing the Right Wall Assembly (2013)Choosing the Right Wall Assembly (2015)All About Larsen TrussesA Superinsulated House in Rural Minnesota A Thick Cocoon of Cellulose Protects This Superinsulated HouseSix Proven Ways to Build Energy-Smart Walls Q&A: Moisture Control in Double Stud Wall Q&A: Double Wall Construction Q&A: Questions about the Larsen Truss for retrofit applicationsEnergy Solutions: Cellulose Insulation RELATED ARTICLES John Holscher has done enough research to know there are many ways of building and insulating an energy-efficient home. Options include double-stud walls, 2×6 walls with rigid foam on the exterior, and structural insulated panels.Now he has to figure out which one makes the most sense for his Cape-style home in New England.“So many options, so little time,” he writes in his Q&A post.“I’d also like to avoid (as much as I can) petrochemical-based products and use as many natural and/or recycled products as possible,” Holscher adds. “I understand the argument that using foam insulation in the end saves more oil than is used to produce it, but if I can get equal or better results using natural/recycled, all the better.”First, start with a smaller, simpler house“The most cost-effective approach to an efficient home is to build only the space actually required for basic shelter, which is generally no more than half of what the typical American believes they need,” writes Robert Riversong.center_img No matter what materials you use, or how the house is built, using fewer resources by building smaller lowers both operating and maintenance costs, Riversong says. “A half-sized house can have half the R-value and still be energy efficient.”Riversong’s recommendations for the most cost-effective approach are simplicity over complexity. “The most cost-effective building system for a temperate climate?” he asks rhetorically. “Structural straw bale with earthen plaster, cordwood masonry with earthen floor, or scribed log construction, with no interior plumbing or wiring, a simple woodstove or Rumford fireplace, a shallow well with windlass bucket or gravity-fed spring and a rain barrel, and a pleasant composting outhouse.”James Morgan likes the “small” part, but not all of Riversong’s details. “The very first concern for an aspiring green builder should be to build no larger than necessary,” Morgan writes. “Sadly, most of the featured ‘green homes’ we see, including even the plans featured on Sarah Susanka’s ‘Not so Big’ Web site, set expectations of well over 2,000 s.f. for a modest three-bedroom home.“Oddly, as a result of poor planning and fussy detailing, many of these oversized homes feel anything but spacious.”Double-stud walls or a Larsen truss?“When it comes to high-R walls, the most cost-effective option in most areas is a double 2×4 wall with a total thickness of about 12 inches, insulated with dense-packed cellulose,” writes GBA senior editor Martin Holladay.But in areas with very high labor costs, he adds, it may be less expensive to build 2×6 walls covered on the exterior with 2 in. to 3 in. of polyisocyanurate foam.Riversong still designs double-stud walls for some customers, but he prefers another approach. “I’ve modified the Larsen Truss to make a 12 in. thick, nearly thermal bridge free wall, out of locally-sourced rough-sawn (often green) lumber, which uses no more wood than a standard 2×6 house,” he says. “And all above grade insulation is dry cellulose with borates, the very best of all the commonly available insulation options (short of straw bale and earthen plasters).”Riversong also includes a link explaining his approach to building.The house he describes can be heated with a cord of wood, even in New England.Insulating the roofHolscher is planning on using the second floor of his Cape for bedrooms, so what he needs is an insulated cathedral ceiling. What’s the best way of tackling that?Here, says Holladay, the best option isn’t necessarily the most cost-effective. “As far as I’m concerned, the best option would be a [structural insulated panel] roof covered with a layer of 2-in.-thick rigid foam above the SIPs, with the top layer of foam lapping over the SIP seams,” Holladay wrote. “Then 2×4 sleepers, eaves to ridge, for ventilation. Then another layer of roof sheathing (ideally plywood or boards, not OSB), followed by roof underlayment and the roofing of your choice.”Holscher asks, Why not a thicker SIP, without the extra layer of foam?First, says Holladay, adding 2 in. of polyisocyanurate foam to a 12-in. panel gets the R-value up to 56. And second, the failures in SIP roofs in Juneau, Alaska, occurred at the seams, where effective air sealing is tough. Adding the foam layer on top of that solves the problem.Graham Mink, who is building a double-stud wall house in Vermont, had another idea. “For the cathedral roof we used 2×12 rafters, then gussetted 2x4s to the interior to create an extra 12 in. cavity,” he writes. “This 23-in. cavity will then be dense-packed like the walls. We chose to go unvented in order to align the air barrier (Zip system roof sheathing) with the insulation layer. A vented assembly can be done this way as well. I am not sure if its the best way, just the way we are doing it.”Hang on a minute, says Rivesong. An unvented, non-breathing roof is “not the best partner for cellulose.”His suggestion: “Rather than extending the frame outward with a truss chord, extend the rafters inward with an additional non-structural framing member under each rafter connected by gussets (or webs) to reduce thermal bridging and create a deep enough insulation cavity to still leave room for venting under the roof sheathing, which would require continuous baffles from eave to ridge.”last_img read more

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What Is ‘Green’ Dry Cleaning?

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first_imgThe winter holidays are a busy time for many businesses, including retail stores, grocers, liquor stores — and dry cleaners. People pull out special-occasion clothes made of silk, satin, or other fabrics that don’t launder well in soap and water. Then there are all those specialty items, from stained tablecloths to ugly holiday sweaters. Few consumers know much about what happens to their goods once they hand them across the dry cleaner’s counter. In fact, dry cleaning isn’t dry at all. Most facilities soak items in a chemical called perchloroethylene, or perc for short. Exposure to perc is associated with a variety of adverse human health effects. The International Agency for Research on Cancer, a unit of the World Health Organization, has designated perc as a probable human carcinogen. The most direct risk is to dry-cleaning workers, who may inhale perc vapors or spill it on their skin while handling clothes or cleaning equipment.RELATED ARTICLESA Free Online List of Questionable ChemicalsHelping People With Multiple Chemical SensitivityTen Things You Need to Know About the New U.S. Chemicals LawWorrisome Chemicals Lurk Even In Green Buildings At the Toxics Use Reduction Institute at UMass Lowell, we work with small businesses and industries to find ways they can reduce the use of toxic materials and find more benign substitutes. For over a decade the Toxics Use Reduction Institute has worked with dry cleaners to help them move to a safer process called professional wet cleaning, which uses water and biodegradeable detergents. This is a clear trend nationwide: In a 2014 industry survey, 80% of respondents said they used professional wet cleaning for at least 20% of their plant’s volume. Joon Han, owner of AB Cleaners in Westwood, Massachusetts, demonstrates wet cleaning technology and explains why he decided to stop using perc. Perc’s long history Perc has been the standard dry cleaning solvent for over 50 years because it is effective, easy to use, and relatively inexpensive. But improper use, storage, and disposal of perc have resulted in widespread soil and groundwater contamination at dry cleaning sites. Studies show that long-term exposure can harm the liver, kidneys, central nervous system and reproductive system and may harm unborn children. According to a widely cited estimate from federal agencies, there are about 36,000 professional garment care facilities in the United States, and about 85% of them use perc as their main cleaning solvent. Industry surveys in 2009 and 2012 indicate that that figure has fallen to between 50% and 70%. EPA has identified perc as a high priority chemical. Under amendments to the Toxic Substances Control Act adopted in 2016, the agency has a mandate to study the health and environmental effects of perc and other priority chemicals, and potentially take action to reduce risk from exposure to them. However, in June 2018, EPA announced it was adopting a new approach to chemical risk screening that could exclude consideration of many sources of exposure, including exposure to perc contamination in drinking water. Safer alternatives It could be a regrettable substitution for dry cleaners to switch to other solvents if those substances also pose potential or unknown health and environmental risks. Accordingly, in 2012 the Toxics Use Reduction Institute evaluated a half-dozen alternative solvents, along with professional wet cleaning. Overall, we found that the alternative solvents exhibited less persistence in the environment, potential to accumulate in the human body or the environment, or toxicity to aquatic life than perc. Most also appeared to be safer overall to human health. However, toxicological data were lacking for some of them, so future analyses may find that they are less benign than currently thought. Some of these alternatives are combustible, so using them would require cleaners to buy specialized equipment to protect against fires or explosions. On the other hand, professional wet cleaning is water-based and poses no such risks. It uses computer-controlled washers and dryers, along with biodegradable detergents and specialized finishing equipment, to process delicate garments that would otherwise be dry cleaned. We suggest that dry cleaners who want a safer alternative to perc should consider the key environmental and human health criteria, and then think about financial and technical issues at their own facilities to find the best alternative for them. Anecdotal information in Massachusetts indicates that cleaners are switching to petroleum-based alternatives such as DF2000™ at a higher rate than wet cleaning, and to other solvent alternatives at about the same rate as wet cleaning. Some operators doubt that a wet cleaning process can clean as well as solvent cleaning, but the Toxics Use Reduction Institute is working to dispel that myth through case study analysis, grants, demonstrations, and training events. Making the switch When the Toxics Use Reduction Institute began working with dry cleaners on this issue in 2008, to our knowledge there were no dedicated wet cleaners operating in Massachusetts. Today, the state has over 20 dedicated wet cleaners. Other cleaners seeking options for moving away from perc can obtain data from the Toxics Use Reduction Institute and other researchers to help them make informed decisions about equipment purchasing and staff training. At the Toxics Use Reduction Institute we also work with many other sectors to help steer them away from harmful chemicals and towards safer alternatives. Examples include removing flame retardants from foam pit cubes at gymnastics training facilities; helping companies develop cleaning products without harsh solvents and acids; and researching and reformulating alternatives to methylene chloride for paint stripping. In each case, the goal is to identify safer alternatives and then find champions of change who are willing to make the switch and show their peers how to get good results without using harmful chemicals. This model has shown that industry and consumer choices can push change from the bottom up.   Joy Onasch is business and industry program manager at the Toxics Use Reduction Institute, University of Massachusetts Lowell. This post originally appeared at The Conversation.last_img read more

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Lady Bulldogs seek share of lead; UP, TIP part ways

By on November 30, 2019

first_imgDon’t miss out on the latest news and information. Read Next MOST READ WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding Maroons nip Tigers on Desiderio triple; Archers escape BSP sees higher prices in November, but expects stronger peso, low rice costs to put up fight Nonong Araneta re-elected as PFF president Brace for potentially devastating typhoon approaching PH – NDRRMC PH women’s volleyball team motivated to deliver in front of hometown crowd PLAY LIST 02:25PH women’s volleyball team motivated to deliver in front of hometown crowd00:50Trending Articles00:50Trending Articles01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games Frontrow holds fun run to raise funds for young cancer patients center_img View comments The Lady Stags are sporting a 1-1 record.Earlier at 4 p.m., University of the Philippines will attempt to score its first win in Group B when it takes on Technological Institute of the Philippines.The Lady Maroons, a perennial contender in the UAAP, bowed to the Adamson Lady Falcons, 17-25, 25-21, 19-25,25-19, 15-9, a week ago.On the same day, the TIP Lady Engineers lost to the San Beda Red Spikers, 13-25, 18-25, 27-25, 13-25.Every win counts in the Collegiate Conference, a single round robin tournament that will have the top two teams from the two groups clashing in the crossover semifinals.ADVERTISEMENT E.T. returns to earth, reunites with grown-up Elliott in new ad  NU and San Sebastian collide at 6:30 p.m. on Monday in the PVL Collegiate Conference at Filoil Flying V Centre in San Juan.Gorayeb, however, has already announced he will not show up, citing personal reasons. Assistant coach Clint Malazo will instead call the shots for the Lady Stags.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutThe Lady Bulldogs won their first game under Castillo, turning back the Lyceum Lady Pirates, 25-17, 25-16, 25-21, last Sept. 3.They will bank on Jaja Santiago anew when they try to grab a second win in as many starts and a share of the Group A lead with the idle Far Eastern U Lady Tamaraws. Fire hits houses in Mandaluyong City LOOK: Loisa Andalio, Ronnie Alonte unwind in Amanpulo for 3rd anniversary National University is gunning for its second straight win against San Sebastian in the Premier Volleyball League on Monday but the backstory would be a lot more interesting.San Sebastian coach Roger Gorayeb used to handle NU, until he was replaced by Babes Castillo in the Lady Bulldogs’ camp.ADVERTISEMENT LATEST STORIESlast_img read more

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a month agoMan Utd social media abuse unbelievable – Mata

By on October 28, 2019

first_imgAbout the authorPaul VegasShare the loveHave your say Man Utd social media abuse unbelievable – Mataby Paul Vegasa month agoSend to a friendShare the loveManchester United midfielder Juan Mata has found the abuse he gets on social media as “unbelievable”.Mata and his under-fire team-mates have endured a stuttering start to the season that has seen the pressure pile on manager Ole Gunnar Solskjaer.Speaking to The Times, he said: “As players, we all have to take responsibility. We are United. There are many people outside waiting for United not to be good and enjoying it when we don’t do well.”We have two options: to stick together or let that criticism and that enjoyment from others at our results affect us in a way that we divide ourselves. One weekend you’re an idol, you score the winner, and three days later you miss a big chance and you’re a villain.“The repercussions of every single action in a game is unbelievable. It can be turned into a video seen by millions instantly on Twitter or Instagram , missing a penalty, making a mistake, and it’s seen as ‘a tragedy’ on many smartphones and in many minds.” last_img read more

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Security screening at Toronto police HQ violates rights complainant says

By on October 17, 2019

first_imgTORONTO – Searching people who enter Toronto police headquarters to participate in disciplinary tribunals violates their constitutional rights, a complainant and his lawyer argue in calling for such hearings to be held elsewhere.The assertion is in a motion filed this week with the police tribunal adjudicator in which complainant Waseem Khan calls for a change of venue in light of the recently implemented security measures.“Police headquarters is not the appropriate place to have a public hearing and keep police accountable because of the hostile environment for civilians, particularly public complainants,” Khan says in his filings.Khan, 33, is one of two complainants in a misconduct case against Toronto police Sgt. Eduardo Miranda, who is accused of using excessive force in January by deploying his stun gun six times on a handcuffed man lying on the ground.Khan was video recording the takedown when officers on scene ordered him to stop, threatened to seize his cellphone, and suggested he could get AIDS from the suspect. Broadcast of the video caused an uproar and prompted the police service to apologize.Police spokesman Mark Pugash said the motion had just been received and it would be inappropriate to comment.Disciplinary tribunals for Toronto officers have long been held at police headquarters, which until recently had no special security at the entrance. In June, however, Chief Mark Saunders implemented measures that require visitors to go through metal detectors and have their belongings searched.The official police view is that the searches are not “involuntary” because the public has a choice about entering the building.At Miranda’s first appearance in late September, Khan’s lawyer Selwyn Pieters was also searched, a process he said he found uncomfortable and demeaning. In a letter to the prosecutor in the case, Pieters said he had no quarrel with the increased security.“However, as it relates to an administrative tribunal hearing where my client is a public complainant with standing, he, his lawyers, the media and any other observer must be able to attend with the minimal intrusiveness of their person and belongings.”In response to the letter, procedures were changed to allow lawyers with valid credentials to bypass the screening but Pieters says that’s not enough. No other administrative tribunal in the province subjects participants to such security measures, he said.The motion, expected to come before Insp. Richard Hegedus, the hearing officer presiding over Miranda’s case, formally requests that the hearing be moved to another building — such as a hotel — to get away from the security measures.“It would not result in unfairness or an undue hardship to the Toronto police service to move the tribunal,” Pieters says in the motion.Court filings unrelated to the current application make the case for the screening measures by including reference to security incidents at Toronto police buildings. In 2015, for example, a man attacked a female officer with a sledgehammer at a detachment, and, more recently, a knife-wielding man threatened to kill officers at headquarters.Insp. Stephen Irwin, who is responsible for national security investigations in the Toronto area, calls the current screening protocol reasonable.“Firearms, metal knives, explosive devices and other obvious weapons are less likely to make it into the interior of the building, thus enhancing the safety of those legitimately working and visiting the premise,” Irwin says in a court filing.last_img read more

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